Ezel / Agency Decisions / PENN 92-704

Helen Mining Company (ALJ decision, December 7, 1992)

Helen Mining Company (FMSHRC PENN 92-704): Consolidated settlement approved and cases dismissed

Decision type
ALJ decision
Dockets
PENN 92-704, PENN 92-705, PENN 92-537, PENN 92-536, PENN 92-565, PENN 92-732, PENN 92-789, PENN 92-641, PENN 92-439, PENN 92-419, PENN 92-664, PENN 92-538, PENN 92-521, PENN 92-597, PENN 92-564, PENN 92-534, PENN 92-535, PENN 92-407-R, PENN 92-408-R, PENN 92-409-R, PENN 92-410-R, PENN 92-411-R, PENN 92-412-R, PENN 92-413-R, PENN 92-414-R, PENN 92-433-R, PENN 92-434-R, PENN 92-435-R, PENN 92-436-R
Decided
December 7, 1992
Presiding judge
William Fauver
Outcome
Settled
Precedential status
Final order, not precedent
Checked against source
2026-08-15
Cited standards
30 U.S.C. § 820(i)
Official source
Read the official release (fmshrc.gov)
PDF
View Official PDF

Apply this to your situation

This order from 1992 bound only the parties to this case; it isn't precedent. Ask about your situation and see what the current MSHA standards and Commission precedent say, with citations.

Currency note: this decision dates from 1992
The MSHA standards may have been amended, penalty amounts have been adjusted, and later Commission or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final decision of an Administrative Law Judge
A party could petition the Commission for review within 30 days under 30 U.S.C. § 823(d)(2)(A)(i). If no Commissioner directed review, the ALJ decision became the final decision of the Commission 40 days after issuance under 30 U.S.C. § 823(d)(1). Check for later Commission review before relying on this decision. The full text below is from the official FMSHRC release.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official FMSHRC release. The full text is the agency's own release.
Transcribed from a scanned original: FMSHRC released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (fmshrc.gov)

Plain-English summary

The Secretary of Labor and Helen Mining Company jointly sought approval of a comprehensive settlement covering civil-penalty proceedings and related contest proceedings across 29 dockets. The settlement specified civil penalties for some citations or orders and withdrew others, including the corresponding review actions. Judge William Fauver found the settlement consistent with the civil-penalty criteria in section 110(i) of the Mine Act, approved it, and ordered Helen Mining to pay $22,732 within 30 days. The settlement became the final disposition of all the cases, which were to be dismissed upon payment.

Decision snapshot

  • Cited standards: 30 U.S.C. § 820(i), the Mine Act civil-penalty criteria
  • Outcome: Comprehensive settlement approved, with $22,732 in civil penalties due and all 29 cases to be dismissed upon payment.
  • Key point: The ALJ approved a consolidated settlement after finding it consistent with the Mine Act's civil-penalty criteria.

Full text (FMSHRC public release)

Page 2

~2031

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES
2 SKYLINE, 10th FLOOR
5203 LEESBURG PIKE
FALLS CHURCH, VIRGINIA 22041

SECRETARY OF LABOR,
: CIVIL PENALTY PROCEEDINGS
MINE SAFETY AND HEALTH :
ADMINISTRATION (MSHA), : Docket No. PENN 92-704 Petitioner : A.O. No. 36-00926-03946 :
v. : Docket No. PENN 92-705
: A.O. No. 36-00926-03947
HELEN MINING COMPANY,
:
Respondent : Docket No. PENN 92-537 : A.O. No. 36-00926-03937
:
: Docket No. PENN 92-536
: A.O. No. 36-00926-03936
:
: Docket No. PENN 92-565
: A.O. No. 36-00926-03940
:
: Docket No. PENN 92-732
: A.O. No. 36-00926-03951
:
: Docket No. PENN 92-789
: A.O. No. 36-00926-03955
:
: Docket No. PENN 92-641
: A.O. No. 36-00926-03942
:
: Docket No. PENN 92-439
: A.O. No. 36-00926-03929
:
: Docket No. PENN 92-419
: (partial settlement)
: A.O. No. 36-00926-03925
:
: Docket No. PENN 92-664
: A.O. No. 36-00926-03945
:
: Docket No. PENN 92-538
: A.O. No. 36-00926-03938
:
: Docket No. PENN 92-521
: A.O. No. 36-00926-03932
: (settled on 9/22/92)

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~2032
: Docket No. PENN 92-597
: A.O. No. 36-00926-03941
:
: Docket No. PENN 92-564
: A.O. No. 36-00926-03939
:
: Docket No. PENN 92-534
: A.O. No. 36-00926-03933
:
: Docket No. PENN 92-535
: A.O. No. 36-00926-03935
:
HELEN MINING
COMPANY,
NOTICE OF
CONTEST
Contestant : Docket No. PENN 92-407-R : Citation No. 3488593; 2/11/92
SECRETARY OF LABOR, :
MINE SAFETY AND HEALTH : Docket No. PENN 92-408-R ADMINISTRATION (MSHA), : Order No. 3488594; 2/13/92 Respondent :
: Docket No. PENN 92-409-R
: Order No. 3488670; 2/4/92
:
: Docket No. PENN 92-410-R
: Order No. 3488672; 2/8/92
:
: Docket No. PENN 92-411-R
: Citation No. 3488933; 2/12/92
:
: Docket No. PENN 92-412-R
: Order No. 3488595; 2/12/92
:
: Docket No. PENN 92-413-R
: Citation No. 3488854; 1/27/92
:
: Docket No. PENN 92-414-R
: Order No. 3488677; 2/13/92
:
: Docket No. PENN 92-433-R
: Citation No. 3488900; 3/26/92
:
: Docket No. PENN 92-434-R
: Citation No. 3488934; 3/17/92
: Docket No. PENN 92-435-R
: Order No. 3708390; 3/28/92
:
: Docket No. PENN 92-436-R
: Order No. 3708391; 3/28/92

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DECISION APPROVING SETTLEMENT

Appearances: Edward H. Fitch, Esq., Arlington, VA, for Petitioner;
J. Michael Klutch, Esq., Pittsburgh, PA, for Respondent.

Before: Judge Fauver

These consolidated cases were brought under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. § 801 et seq.

The parties have moved for approval of a comprehensive settlement disposing of all the issues in these cases. The settlement includes agreed civil penalties for specified citations or orders and the withdrawal of others, and the withdrawal of the corresponding actions for review of citations or orders.

I have reviewed the documentation submitted in support of the motion and conclude that the motion is consistent with the criteria for assessment of civil penalties in § 110(i) of the Act.

ORDER

WHEREFORE IT IS ORDERED that:

1. The motion for approval of settlement is GRANTED.

2. Within 30 days of the date of this Decision, Respondent shall pay to the Secretary the approved civil penalties of $22,732.00.

3. The approved settlement constitutes a final disposition of all the cases, which upon payment of the above civil penalties are DISMISSED.

William Fauver
Administrative Law Judge

Distribution:

Edward H. Fitch, Esq., Office of the Solicitor, U.S. Department of Labor, 4015 Wilson Boulevard, Arlington, VA 22203 (Certified Mail)

Gayle M. Green, Esq., Mark V. Swirsky, Esq., Nancy F. Koppelman, Esq., Linda M. Henry, Esq., Anita D. Eve Wright, Esq., H. P. Baker, Esq., Joseph T. Crawford, Esq., Howard K. Agran, Esq., Myrna Butkovitz, Esq., Office of the Solicitor, U.S. Department of Labor, 14480-Gateway Building, 3535 Market Street, Philadelphia, PA 19104 (Certified Mail)

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J. Michael Klutch, Esq., Polito and Smock, Suite 400, Four Gateway Center, Pittsburgh, PA 15222-1207 (Certified Mail)

Ronald B. Johnson, Esq., Volk, Frankovitch, Anetakis, Recht, Robertson & Hellerstedt, 3000 Boury Center, Wheeling, WV 26003 (Certified Mail)

Robert H. Stropp, Esq., UMWA, 900 15th Street, NW, Washington, D.C. 20005 (Certified Mail)

Mr. Robert Jordan, Miner's Representative, P. O. Box 181, Saltsburg, PA 15681 (Certified Mail)

/fcca

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